EARL OF OXFORD.
(Vol. viii., p. 292.)
S. N. will find the Earl's answer in a volume, not very common now, entitled A Compleat and Impartial History of the Impeachments of the Last Ministry, London, 8vo., 1716. The charge respecting the creation of twelve peers in one day formed the 16th article of the impeachment. I inclose a copy of the answer, if not too long for your pages.
G.
"In answer to the 16th article, the said Earl doth insist, that by the laws and constitution of this realm, it is the undoubted right and prerogative of the Sovereign, who is the fountain of honor, to create peers of this realm, as well in time of Parliament as when there is no Parliament sitting or in being; and that the exercise of this branch of the prerogative is declared in the form or preamble of all patents of honor, to proceed ex mero motu, as an act of mere grace and favor, and that such acts are not done as many other acts of public nature are, by and with the advice of the Privy Council; or as acts of pardon usually run, upon a favorable representation of several circumstances, or upon reports from the Attorney-General or other officers, that such acts are lawful or expedient, or for the safety or advantage of the Crown; but flows entirely from the beneficent and gracious disposition of the Sovereign. He farther says, that neither the warrants for patents of honor, the bills or other engrossments of such patents, are at any time communicated to the council or the treasury, as several other patents are; and therefore the said Earl, either as High Treasurer or Privy Councillor, could not have any knowledge of the same: Nevertheless, if her late sacred Majesty had thought fit to acquaint him with her most gracious intentions of creating any number of peers of this realm, and had asked his opinion, whether the persons whom she then intended to create were persons proper to have been promoted to that dignity, he does believe he should have highly approved her Majesty's choice; and does not apprehend that in so doing he had been guilty of any breach of his duty, or violation of the trust in him reposed; since they were all persons of honor and distinguished merit, and the peerage thereby was not greatly increased, considering some of those created would have been peers by descent, and many noble families were then lately extinct: And the said Earl believes many instances may be given where this prerogative hath been exercised by former princes of this realm, in as extensive a manner; and particularly in the reigns of King Henry the Eighth, King James the First, and his late Majesty King William. The said Earl begs leave to add, that in the whole course of his life he hath always loved the established constitution, and in his private capacity as well as in all public stations, when he had the honor to be employed, has ever done his utmost to preserve it, and shall always continue so to do."